Persons may be indebted to state institutions or private persons and may not pay their debts. In such a case, enforcement proceedings are initiated against the debtors by the Enforcement Offices in charge. Through this process, the debt is ensured to be paid by using the power of the state by methods such as forcing direct payment or sale of goods. Execution law is the branch of law that regulates the rules of enforcement and attachment institutions. Execution procedure is divided into two as without judgement and with judgement. The word “judgement” means a court decision.
A) Enforced Execution
A judgement is a document in which the decision is given to the parties in writing as a result of the judgement. In this sense, the person who will make the application must have a court judgement in order to make an enforcement proceeding with a judgement. In addition to this, some documents that can be considered as a court judgement are included in the law. These are as follows:
- Settlements and acceptances made before the court
- Ex officio notary deeds showing acceptance of money debt
- Bail bonds for appeal and appeal
- Sureties in the execution office
Persons request the execution of these documents by applying with the listed documents or court decision.
B) Execution without execution
In this type of enforcement proceeding, an application is made without a court decision, in other words, without the need for a judgement. The creditor does not need any official document to make an execution request without a judgement. The important thing is that the receivable is provable, and documents that can meet this condition are accepted.
In the execution proceedings, sequestration of the debtor’s assets is an important step. Sequestration is the taking of the assets in the assets of the debtor party under custody to be sold by the creditor. These assets may include houses, cars, bank accounts, stocks and other tangible assets.
After the seizure is realised, the debt is collected by selling the assets in the assets. This is usually done through an auction and the highest bidder becomes the owner of the property. The amount obtained from the sale is used to collect the debt and the remaining amount is returned to the debtor’s account.
Enforcement law is an important means of protection for creditors because it ensures that debtors fulfil their obligations. At the same time, it is also important for the debtor party because it ensures that the legal processes are managed fairly and correctly in the collection of the debt.
As a result, enforcement law is an important branch of law to protect the rights of creditors and to ensure that debtors fulfil their obligations. Lawyers specialised in this field provide legal support to their clients in enforcement proceedings.